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(영문) 광주지방법원 2015.02.06 2014가합2824
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 17, 2013, the Plaintiff entered into a sales contract with the Defendant with the content that the Plaintiff would purchase the sales price of KRW 1 billion (the contract amounting to KRW 50 million, the remainder amounting to KRW 95 million, and the remainder amounting to KRW 90 million) on the 4th floor of the steel framed concrete structure and the housing 1-4th and 245.7 square meters, respectively, of the 1st and fourth floors on the ground, other than the above land (hereinafter “instant building”).

B. At the time of the instant contract, the remainder shall be paid by January 2, 2014. The transfer registration of ownership was decided to simultaneously pay the remainder and the transfer date of ownership was also decided January 2, 2014. The Plaintiff paid the Defendant the down payment amount of KRW 50 million on the date of the instant contract.

C. The Plaintiff and the Defendant set forth the following special agreement at the time of the instant contract.

[Matters of Special Agreement]

1. The sales contract is the current facility condition and the contract is concluded after confirming the defect in the result of the analysis of the certified copy of the register. 2. The current rental deposit out of the purchase price shall be deducted from the balance, and the purchaser shall succeed

3. The buyer shall be liable after the remainder of the payment day, if there occurs any leakage, etc. due to the deterioration of the building; and

4. Where grounds for restrictions on rights occur on a certified copy before the registration of transfer of ownership is completed, the buyer may cancel the contract, and in such cases, the seller shall immediately refund the amount already paid to the buyer, and in addition, 15% of the sales amount shall be the compensation cycle;

5. The lessee of the first floor shall, under the responsibility of the seller, be able to do so by the end of December each year.

On November 11, 2013, the head of Seo-gu Gwangju Metropolitan City, the head of the Gu has extended the number of the instant building without permission to the Defendant: (i) the first floor retail store of 66.3 square meters; (ii) a violation of the change in indication of the second floor (a general restaurant massage place 138.6 square meters); (iii) an unlawful change in the use of the third floor (a housing office 245.7 square meters); and

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